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State of Jammu-Kashmir - Section

Section 14 in Jammu and Kashmir Arbitration and Conciliation Rules, 1998

14. Question of law to be referred to the Principal Court of Jurisdiction

—It is possible that during the arbitral proceedings there may arise a special case on question of law involved hampering the proceedings. Section 5 of the Act, overriding any thing contained in any other law for the time being in force, in matters governed by this part of the Act, no judicial authority shall interfere except where so provided in this part.To meet this the Principal Court of original jurisdiction in a district, where the subject matter of the arbitration or where the parties reside, is the Court to which the issue may be referred for his opinion in the matter to remove the obstacle for smooth passage to the final award.The question of law involved on which the opinion of the Court is sought for and the facts out of which the issue arises shall be distinctly stated in the reference. A copy of the arbitration agreement, if the contract is in writing, shall be annexed to such reference. The arbitral tribunal or umpire, as the case may be, making the reference shall give notice of the action taken, by them to the parties concerned.The opinion so received will become part of the file and in appropriate situations, the opinion may become the base of an interim award.